332 Amend 251 Cable FranchiseTOWN OF YELM
ORDINANCE NO. 332
AN ORDINANCE amending the provisions of Ordinance
251 (1981); providing for a franchise fee for the
operation within the Town of Yelm of a cable tele-
vision franchise otherwise assigned, in the amount
of 3% of basic revenues; confirming the assignment
of the existing franchise; and providing an effec-
tive date.
BE IT ORDAINED AND ESTABLISHED BY THE TOWN COUNCIL OF THE TOWN
OF YELM, THURSTON COUNTY, STATE OF WASHINGTON, as follows:
Section 1. Franchise Grant. Section 1 of Ordinance
No. 251 (1981), and any codification thereof is hereby amended
to read as follows:
"Subject to the terms and provisions hereof, there is
hereby granted by the Town of Yelm to Viacom Cab.levision
International, Inc., hereinafter known as 'Grantee', the
non - exclusive franchise, right, and privilege to do a
business involving the transmission and the retransmis-
sion of television signals, film and videotape programs
not received through broadcast television signals and
transmission of all other signals, including digital
and audivisual, within the Town of Yelm, and to place,
erect, lay, maintain, and operate in, on, over, upon,
across, along and under the streets, alleys, thorough-
fares and public highways within the Town poles, wires,
and other appliances and conductors for the transmission
of such signals. Such wires, appliances, and conductors
may be strung on poles and other fixtures above ground
at such height as may be designated now or hereafter by
action of the Town Council, whether directly or through
the actions of its designees; PROVIDED THAT, at the
option of Grantee, or at the direction of the Town Coun-
cil, such lines, wires, conductors and other appliances
may be underground in pipes or conduits or otherwise
protected. In addition to all other rights, Grantee
shall have the right to maintain such other apparatus
as may be reasonable and necessary to properly operate
and maintain the facilities herein mentioned."
Section 2. Definitions. Section 2, Subsection k of
Ordinance No. 251 (1981), and any codification thereof, is
hereby amended to read as follows:
"k. 'Gross Income' shall, for the purpose of this
Ordinance and any other ordinance of the Town relating
to cable television business, and notwithstanding any
contrary language therein, include only those revenues
derived from the supplying of regular subscriber ser-
vice, that is, fees for regular cable benefits, includ-
ing the transmission of broadcast signals and access and
origination channels, if any. Said term shall not in-
clude revenues derived from per - program or per- channel
charges, leased channel revenues, advertising revenues,
or any other income derived from the system, and shall
further exclude installation fees and bad debts for
such regular service."
Section 3. Franchise Fee. Section 12 of Ordinance No.
251 (1981), and any codification thereof, is hereby amended
to read as follows:
"On or before the last day of the month next succeeding
the end of the calendar quarter, to -wit, April 30, July
31, October 31, and January 31, from and after the effec-
tive date hereof and during the term of existence of the
franchise, or until earlier amended or cancelled, Grantee
shall pay to the Town a franchise fee of three percent (3 %)
of gross revenues for the prior calendar quarter."
Section 4. Notices. Section 18 of Ordinance No. 251
(1981), and any codification thereof, is hereby amended to
read as follows:
"All notices to be mailed pursuant to this Ordinance
or the franchise agreement and Ordinance shall be
mailed by certified mail, return receipt requested.
Notice to Grantee shall be addressed to Viacom Cable -
vision, 2316 So. State Street, Tacoma, WA 98405 -2897;
notice to the Town shall be addressed to Town of Yelm,
P.O. Box 479, Yelm, WA 98597; provided that either
party may advise the other party in writing of any
appropriate change of designated agent or address for
the receipt of notices, and the other party shall
honor the same."
Section 5. Severability. If any section, sentence,
clause or phrase of this Ordinance is for any reason held
invalid or unconstitutional by any court of competent juris-
diction or any other governmental agency having appropriate
jurisdiction, such portion shall be deemed a separate, dis-
tinct, and independent provision, and such holding shall not
affect the validity of the remaining portions hereof.
Section 6. Acceptance. Grantee shall indicate its
acceptance of the terms and conditions hereof, in writing,
within thirty (30) days of the passage of this Ordinance
and, in the event that Grantee shall fail to do so, this
Ordinance shall be null and void.
Section 7. Effective Date. This Ordinance shall take effect
upon the filing of the acceptance referenced in Section 6
hereof, and the publication hereof in the manner required by
law, and, notwithstanding any provision to the contrary con-
tained hereinabove, the amended compensation rate provided
for herein shall apply from and after the first full month
after the effective date of the Ordinance.
Hon. Ron Lawton, Mayor
Attest:
1', Town Clerk
45115-tan+
Passed: 3 -25 -87
Approved: 3 -25 -87
Published: 4 -2 -87